Kate Gaudry

Kate Gaudry

Kate Gaudry Kate Gaudry, Ph.D., is a partner at Kilpatrick Townsend & Stockton LLP. She focuses her practice on patent prosecution, with an emphasis on software, computer systems, and quantitative biology technologies. Dr. Gaudry also routinely performs statistical analysis of clients’ patent portfolios to identify effective prosecution strategies. Dr. Gaudry also regularly empirically evaluates programs and performance of the United States Patent and Trademark Office so as to provide her clients with prosecution recommendations and to advocate for compact and fair examination. For more information, or to contact Dr. Gaudry, please visit her firm profile page.


Posts by Kate Gaudry


Artificial Intelligence Technologies Facing Heavy Scrutiny at the USPTO

Artificial intelligence technologies are transforming industries and improving human productivity and health. Unfortunately, the stark reality appears to be that artificial intelligence technologies are likely to be …
By Kate Gaudry & Samuel Hayim
8 months ago 4

Eligibility Rejections are Appearing in Greater Frequency Across all Computer Related Technology Centers

Four years after the Alice decision, we seem to just now be detecting the full impact of the decision. The initial response by the USPTO resulted in …
By Samuel Hayim & Kate Gaudry
1 year ago 13

PTAB is Bogged Down by Eligibility Appeals

The low allowance rates and nearly blanket eligibility-rejection issuance in the business-method art units is not without consequence. Beyond disincentivizing innovation, the examination of business-method applications is …
By Samuel Hayim & Kate Gaudry
1 year ago 17

The Unpredictable Prospects of Patenting Cancer Innovation

Art Unit 1618 and 1621 are both identified as relating to “organic compounds – part of the class 532-570 series.” However, the patenting probability for cancer related applications is markedly …

The Increasingly Powerful PTAB: Underutilized Precedential Designations Undermines Efficiency and Consistency

The PTO has increased the number of Board decisions as being precedential (so as to serve as a binding authority) by 36% within the last two years. With …

Is there a Tide-Change in the Prospects of Patenting Business Method Innovations?

In the years after the Alice decision, it had seemed as though examiners in the business method art units felt as though their hands were tied with …
By Kate Gaudry
2 years ago 8

Ex Parte Appeal Oral Hearings: Making Your Case Right Before Decision Time

This data set shows that Oral Hearings are rarely conducted. (See Figure 1.) Across the 72,443 appeals, only 459 (0.63%) appeals had an Oral Hearing... As shown in Figure 4, Oral Hearings …
By Kate Gaudry & Sameer Vadera
2 years ago 1

The AIA’s First-to-File Transition SHOULD have Resulted in More Provisional Filings

To investigate whether applicants have been adopting a strategy of filing more provisional applications, we determined a ratio of the number of provisional filings (with a first-named …

Ex Parte Appeals in the Post-Alice World

Amongst the appeals involving patent-eligibility rejections, the most recently filed appeal brief was filed in November 2015. Thus, all of the appeal briefs and most of the PTAB …
By Kate Gaudry & Samuel Hayim
3 years ago 17

More Applicants Should Use the First Action Interview Program

The First Action interview (FAI) program affords applicants a no-fee opportunity to speak with examiners early during prosecution, before the examiner has invested the time to prepare …

Ex Parte Appeal as a Potential Means to Quick Allowances

We set out to study the life cycle of appeals by conducting a stage-by-stage analysis to identify what fraction of applications were exiting the appeal cycle and …
By Kate Gaudry & Sameer Vadera
3 years ago 6

Only 1 in 20,631 ex parte appeals designated precedential by PTAB

PTAB decisions are predominately given one of three classifications: precedential, informative or routine. Only precedential decisions are to serve as binding authority. Informative decisions may serve as …

PTO Should Release SAWS Numbers Given Impact on Examination Process

SAWS is not a minor agency-internal policy that has no impact on applicants. Accordingly, the agency should have gone through official rulemaking (e.g., notice-and-comment) processes. Currently, …
By Kate Gaudry
4 years ago 18

Post-Alice, Allowances are a Rare Sighting in Business-Method Art Units

Since the Alice Corp. decision, rejections under 35 U.S.C. 101 have become substantially more common in business-method art units, and notices of allowance have become substantially more …
By Kate Gaudry
5 years ago 4